10 CFR 50.73(a)(2)(i)(C), 50.54(x) TS Deviation

(C) Any deviation from the plant's Technical Specifications authorized pursuant to Sec. 50.54(x) of this part.

An LER is required for a deviation authorized under 10 CFR 50.54(x). If not reported under 10 CFR 50.72(a), an ENS notification is also required. Any deviation from the plant’s TS authorized pursuant to § 50.54(x) should be apparent at the time of occurrence. Therefore, if all events are reported properly, it is expected that all reports under 10 CFR 50.72 are as a result of an on-going condition.

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Discussion

In 10 CFR 50.54(x), the NRC generally permits licensees to take reasonable action in an emergency even though the action departs from the plant TS if (1) the action is immediately needed to protect the public health and safety, including plant personnel, and (2) no action consistent with the TS is immediately apparent that can provide adequate or equivalent protection. TS deviations authorized under 10 CFR 50.54(x) are reportable under this criterion.